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Mar 26, 2012 12:30am EDT
mandates informed the comprehensive reforms in massachusetts that we might call romney-care. whatever one might think about the general question of limited government that serves as the theme for the symposium, it would be a mistake to think of the affordable care act as a radical redefinition of the government role or a freedom generally. ironically, a more expansive program funded from general tax revenues that would look like medicaid and medicare would have fewer constitutional objections. the argue arrests on rejection of the new deal settlement. if you think of the act as unconstitutional because congress is a subset of economic activity in that health care or insurance is not commerce, i do not have much to say to you beyond quoting what justice jackson said that the powers of congress are not to be decided by any formula that would give prevailing force to nomenclature. and what justice scalia said about bush vs. gore -- get over it. congress has authority to require a guaranteed issue, prohibit various restrictions based on pre-existing conditions and the like. article one gives
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